SUSHIL KUMAR GUPTA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) BY way of this writ petition, the petitioner is seeking the benefit of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as 'the 2013 Act') which came into effect on 01.01.2014. A declaration is sought to the effect that the acquisition proceeding initiated under the Land Acquisition Act, 1894 (hereinafter referred to as 'the 1894 Act') in respect of which Award No. 35/81 -82 dated 10.11.1981 was made, inter alia, in respect of the petitioner's land comprised in Khasra Nos. 70/22(4 -16), 70/23 (4 -16) measuring 9 bighas 12 biswas in all in village Badli shall be deemed to have lapsed.

(2.) THOUGH the respondents claimed that possession of the said land was taken on 12.11.81, the petitioner disputed this and maintain that physical possession has not been taken. However, insofar as the issue of compensation is concerned, it is an admitted position that it has not been paid.

(3.) AS a result, the petitioner is entitled to a declaration that the said acquisition proceedings initiated under the 1894 Act in respect of the subject land are deemed to have lapsed. It is so declared.